EPA: No new SREs filed, 69 SRE petitions still pending

Source: By Erin Voegele, Ethanol Producer Magazine • Posted: Sunday, March 20, 2022

The U.S. EPA released updated small refinery exemption (SRE) data on March 17, reporting for the second consecutive month that no new SRE petitions were filed under the Renewable Fuel Standard. In addition, the agency did not act on any of the 69 SRE petitions that have been pending since mid-January.

There are currently five SRE petitions pending for compliance year 2021, 30 SRE petitions pending for compliance year 2020, 29 SRE petitions pending for compliance year 2019, three SRE petitions pending for compliance year 2018, one SRE petition pending for compliance year 2017, and one SRE petition pending for compliance year 2016.

The EPA on Dec. 7 proposed to deny more than 60 pending SRE petitions. The agency said the proposed decision results from its review of the pending SRE petitions and supporting information; its legal technical and policy analysis of the Clean Air Act provisions relating to small refineries; and its application of the holdings of the U.S. Court of Appeals for the Tenth Circuit in Renewable Fuels Association et al. v. EPA.

A public comment period on the proposal was open through Feb. 7. According to information pubblished on Regulations.gov, the EPA received nearly 250 public comments on its SRE proposal.

Additional SRE data is available on the EPA’s website.

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